DEFAMATION – application for leave to further amend defence – whether particulars of directly relevant background context in mitigation of damages defective – whether the principle in Burstein v Times Newspapers Ltd [2001] 1 WLR 579 is confined to evidence of “misconduct” as opposed to “facts” – whether evidence of opinions held by regulators or agencies as to the existence of facts is admissible – extent to which evidence of beliefs or opinions held by the applicant is admissible – discretionary case management principles guide the application of the Burstein principle to applications for leave to amend particulars – leave refused in respect of some particulars, granted in respect of others
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0688
For more information, see the original judgement.
